Denying Ownership and Equal Citizenship: Continuities in the State's Use of Law and ‘Custom’, 1913–2013

Abstract

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Mining and ‘community’ struggles on the platinum belt: A case of Sefikile village in the North West Province, South Africa

“…Such paradoxes primarily emanate mainly from the highlighted pieces of legislation that empower chiefs' control over communal property (Mnwana, 2014b). Moreover, in defence of their rights to land and mineral wealth, rural residents on the platinum belt continue to refute the state's imposition of amorphous colonially derived 'tribal' identities upon them (Claassens, 2014). For mining companies, these controversies render the task of identifying the legitimate 'community' and authentic representative extremely challenging.…”

“…Studies show that these laws and bills on traditional leadership tend to impose colonial ethnic identities on rural residents by establishing the current traditional authorities in exactly the same boundaries as the apartheid 'tribal' ('bantu') authorities (Claassens, 2014;Claassens and Matlala, 2014). These laws are criticised for fortifying the powers of local chiefs and tribal councils over communal property, particularly land and mining revenues, and making downward accountability impossible to realise (Claassens and Matlala, 2014;Claassens, 2014;Mnwana, 2014b). Chiefs have become the mediators of mineral-led development and mining deals.…”

“…But the increased attention paid to platinum post-apartheid has shifted the geographical focus to rural areas. The vast area spanned by the platinum-rich Bushveld Complex, often called 'the platinum belt', is overlaid by rural communal lands, which fall under the political jurisdiction of traditional -'tribal' -authorities (Claassens, 2014). The densely populated, poverty-stricken communal areas have become a new focus for the rapid expansion of the platinum mining industry, particularly in the North West and Limpopo provinces, over the past two decades.…”

Royal pharmaceuticals: Bioprospecting, rights, and traditional authority in South Africa

“…African states in particular have frequently reverted to modes of administration akin to indirect rule, or the maintenance of “nested territorial jurisdictions” (Lund and Boone , 4). Aninka Claassens () notes how such nesting enables power‐sharing deals between central governments and local actors. Yet such jurisdictions, like quasi–gatekeeper states sitting astride “the interface between a territory and the rest of the world” that desires its resources (Cooper , 157), additionally depend on financial and political support from foreign corporate entities.…”

“…These gains have been foundational to a collection of traditional‐leadership laws introduced by South Africa's Parliament in the new millennium. The laws legislate state salaries for chiefs and strive to invest them with statutory powers concerning land administration, welfare allocation, the administration of justice in traditional courts, safety and security, economic development, and the governance of natural resources (Claassens ) . Yet not all traditional leaders maintain such powers.…”